Sternberg v. Lechman-Su

Under ORCP 47 G, "a court 'shall order' a party who presented an ORCP 47 affidavit or declaration in bad faith 'to pay to the other party the amount of the reasonable expenses that the filing of the affidavit or declaration caused the other party to incur, including reasonable attorney fees." "The phrase 'attorney's fees,' when used in the context of an attorney fee award, means the reasonable value of an attorney's services, whether or not the client was required to pay for those services." Menasha Forest Products Corp. v. Curry County Title, 50 Or 81, 89, 249 P3d 1265 (2011).

Plaintiff appealed the trial court's award of Defendant's attorney's fees after granting Defendant's motion for summary judgment on Plaintiff’s legal malpractice claim. On appeal, among other assignments of error, Plaintiff argued that the trial court erred in awarding fees becase the expenses would be paid by Defendant's malpractice insurer. Under ORCP 47 G, "a court 'shall order' a party who presented an ORCP 47 affidavit or declaration in bad faith 'to pay to the other party the amount of the reasonble expenses that the filing of the affidavit or declaration caused the other party to incur, including reasonable attorney fees." "The phrase 'attorney's fees,' when used in the context of an attorney fee award, means the reasonable value of an attorney's services, whether or not the client was required to pay for those services." Menasha Forest Products Corp. v. Curry County Title, 50 Or 81, 89, 249 P3d 1265 (2011). The Court held that Plaintiff failed to explain any way in which ORCP 47 G modified Menasha's interpretation of attorney's fees and the reference of Defendant's insurance does not present a basis for the reversal of the previous award of fees. Affirmed.